Can I file child custody for my daughter's unborn child? 19 Answers as of June 02, 2013

My daughter is 16 and pregnant. I would like to file custody for her unborn child with her permission. I intend to return custody once she has finished school and financially stable. Is this possible?

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Bruning & Associates, PC
Bruning & Associates, PC | Kevin Bruning
Illinois law limits the rights of grandparents to obtain custody of grandchildren. However, you may have better luck by filing an action for guardianship of the child upon its birth.
Answer Applies to: Illinois
Replied: 11/28/2011
Reza Athari & Associates, PLLC | Seth L. Reszko
No, until the baby is born, there are no rights to file for custody. Once the baby is born and your daughter consents, the process should not be difficult. If your daughter does not consent, it will be more difficult.
Answer Applies to: Nevada
Replied: 11/17/2011
The Zwiebel Law Firm, LLC
The Zwiebel Law Firm, LLC | Elizabeth Zwiebel
The law does not recognize the child until after birth. At that time if she is in agreement you can file to be the custodian.
Answer Applies to: Alabama
Replied: 11/16/2011
Law Office of Michael W. Bugni
Law Office of Michael W. Bugni | Jay W. Neff
I don't believe that the court would approve a petition for custody of an unborn child. My guess is that you will have to wait until the child is born. After the child is born, you could file a petition for third party custody. You mention that you have permission of the mother. It would likely also take permission for the father. There is also a potential need for a paternity action. Finally, because the mother is a minor, the court would likely require the appointment of an independent guardian for the mother before it would honor any "permission" from her.
Answer Applies to: Washington
Replied: 11/16/2011
Dunnings Law Firm
Dunnings Law Firm | Steven Dunnings
No.
Answer Applies to: Michigan
Replied: 6/2/2013
    Law Offices of Paul A. Eads, A.P.C.
    Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
    It's called Guardianship.
    Answer Applies to: California
    Replied: 11/16/2011
    Noah A. Bradow, Attorney & Counselor, pllc
    Noah A. Bradow, Attorney & Counselor, pllc | Noah A. Bradow
    Sounds like you will want to set up a limited guardianship plan.
    Answer Applies to: Michigan
    Replied: 11/16/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    You will need to wait until the child is born and the father will need to be served with the custody petition and have an opportunity to object unless he consents to you having custody.
    Answer Applies to: Georgia
    Replied: 11/15/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    Custody is an all or nothing thing. You cannot file for custody of an unborn but once your grandchild arrives you can take custody of the child. You may not agree in advance to return the child to the mother. The question at that time will be is the return in the best interest of the child.
    Answer Applies to: Ohio
    Replied: 11/15/2011
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